By James M. Odato

Published 10:30 pm, Thursday, August 29, 2013

State Assemblyman James Brennan has written to New York's top economic development officer to urge the Cuomo administration to relinquish its luxury suite at Ralph Wilson Stadium in Orchard Park, where the Buffalo Bills play.

The Brooklyn Democrat said the suite, controlled by Empire State Development Corp., presents the potential for misuse by any of the 16 ticket holders who are allowed in for a given game.

Although the state set up a third party to screen for proper usage, Brennan said if ESDC is determined to keep the suite, its protocols need to be scrutinized by the state Joint Commission on Public Ethics.

Brennan, a lawyer, conducted his own review of the deal through which ESDC acquired the suite. After collecting data under state Freedom of Information law, he issued a report on Thursday that concluded that the state's use of such a box is lawful for economic development.

But he wrote to ESDC President Kenneth Adams recommending that the state give up the suite because it is virtually impossible to distinguish between "authentic economic development activities and entertainment while attending a pro football game."

A spokesman for Gov. Andrew Cuomo said ESDC is comfortable placing the Buffalo Niagara Enterprise, a business group, in charge of handing out the 16 free tickets for the facility. There must be a tourism or development purpose for the freebies — and public officials won't be allowed to gain free entrance.

"We're gratified the report found that steps taken to recruit new businesses to Western New York were both appropriate and lawful. Our goal is to build the local economy, and Buffalo Niagara Enterprises is the right group to market this great asset," Cuomo spokesman Richard Azzopardi said.